In the latest prosecutions including the industrial piracy of UFC Pay Per view events two recent judgements were released awarding damages of $4,000 as well as $3,000 respectively.
In the very first situation (Joe Hand Promotions, Inc. v. McKissick) the Defendants displayed UFC 164 on one television at their bar. The industrial sub licencing charge was not paid as well as the accused advertised on their Facebook Camiseta Selección de fútbol de Irán page Camiseta Selección de fútbol de Alemania that they would screen the bout. The Plaintiff sought $25,000 in statutory damages however the Court discovered the demand extreme as well as awarded a overall of $4,000 in damages. In reaching this figure district judge Randa provided the complying with reasons:
The applicable rate for the fight was $1,100, as well as the defendants likely enjoyed an boost in food as well as beverage sales, particularly since they advertised the fight. Moreover, Joe Hand represents to lawfully paying clients the places of other authorized industrial establishments licensed to get the programming. Thus, piracy triggers damage to Joe Hand’s reputation as well as great will.
Joe Hand asks for $5,000 in statutory damages as well as $20,000 in improved damages. The Court agrees with the requirement for deterrence in this situation, however not to the degree that the accused may be required out of business, or at a minimum, take a serious monetary hit that will undermine their otherwise legitimate business operation. Therefore, the Court will award $1,000 in statutory damages as well as $3,000 in improved damages. Joe Hand’s request to submit a separate charge affidavit is likewise granted.
In the second case, (Joe Hand Promotions, Inc. v. Ol’ River Hideaway LLC) the Defendants displayed UFC 171 in their bar after buying it from meal Network however they paid the residential charge as well as not the more costly $950 industrial sub licencing fee. The Court discovered this is no support as the lawsuit included a strict liability statute.
The Plaintiff sought statutory damages totaling $60,000 however the Court discovered this extreme awarding $3,000 instead. In discovering this figure reasonable senior district judge Ezra reasoned as complies with –
The Court discovers that a statutory damage award of $3,000 is appropriate in this case. Here, Plaintiff might have charged $950 for a location similar to Defendants’ bar. (Dkt. # 11-1 at 29 (stating that Defendants’ bar has a capability of approximately 100 people); Dkt. # 11-1 at 38 (noting a typical fee of $950 for a location seating according to the terminate Code Occupancy of 0-100 people)). An extra $2,050 is reasonable to deter future violations…
On this record, the Court discovers that a willful damage infraction is not warranted under the circumstances of this case. There is no evidence that Defendants Camiseta ACF Fiorentina repeatedly violated the legislation over an prolonged period of time. nor is there evidence that they got considerable monetary gain by getting Plaintiff’s satellite programming without its authorization. The statutory damage amount of $3000 is adequate to deter any type of future infraction of § 605 by Defendants.
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